EXCESSIVE SPEEDING

When a person is charged with offences involving excessive speeding, by being detected by either a fixed speed camera, mobile speed camera, or a police officer, it means that they have exceeded the prescribed speed limit of that certain road or area. Obviously, the penalty imposed on an offender is dependent on how much they were breaking the prescribed speed limit by; the higher the excessive speed, the higher the penalty. High speed driving increases the risk of vehicle collisions. Many consequences arise as a result of this dangerous activity, such as collisions causing damages and injuries, but more than anything else, a threat to human life.

The tables below highlight the penalties that can be given for different speeding offences for full licence holders for class A vehicles (which includes most cars, utility vehicles, vans, tractors and some light trucks).

Speed in Excess

Total Fine

Demerit Points

10 km/h and under

$116.00

1

Over 10 km/h but not more than 20 km/h

$269.00

3

Over 20 km/h but not more than 30 km/h

$462.00

4

Over 30 km/h but not more than 45 km/h

$884.00 + 3 months licence suspension

5

Over 45 km/h

$2,384.00 + 6 months licence suspension

6

Learner and P1 Provisional drivers face a 3-month suspension period after committing any speeding offence, regardless of the total excessive speed. The monetary fine that may be given is the same as shown in the table above, however both licence classes face a minimum demerit penalty of 4 points.

Speed in Excess

Total Fine

Demerit Points

10 km/h and under

$192.00

2

Over 10 km/h but not more than 20 km/h

$346.00

4

Over 20 km/h but not more than 30 km/h

$576.00

5

Over 30 km/h but not more than 45 km/h

$1115.00 + 3 months licence suspension

6

Over 45 km/h

$2,530.00 + 6 months licence suspension

7

Learner and P1 Provisional drivers face a 3-month suspension period after committing any speeding offence in a school zone, regardless of the total excessive speed. The monetary fine that may be given is the same as shown in the table above, however both licence classes face a minimum demerit penalty of 5 points.

Further to the penalties listed above, the Court also has the power to order penalties for speeding offences. Listed below are the penalties that may be given to class A vehicle drivers.

Speed in Excess

Maximum Court Fine

Licence Suspension Period

10 km/h and under

$2,200.00

–

Over 10 km/h but not more than 20 km/h

$2,200.00

–

Over 20 km/h but not more than 30 km/h

$2,200.00

–

Over 30 km/h but not more than 45 km/h

$2,200.00

3 months (minimum)

Over 45 km/h

$2,530.00

6 months (minimum)

Driving at a safe speed on our roads not only reduces the chances of road-related fatalities, but also the likelihood of any damage to property or severe injury to other road users. Driving according to the prescribed speed limit, as well as the road conditions, also allows drivers to maintain more control of their vehicle, whereby they are able to react to road hazards faster and avoid injury to themselves and others.

What are the various ways in which you can defend yourself?

It should be noted that stating that “I didn’t know what the speed limit was” will not serve as a defence to your case in any way. However, there are two methods available to defend a speeding charge or ticket:

Honest and Reasonable Mistake

If you firmly believe that you were not exceeding the speed limit at the time in which you were alleged to have been speeding, the Court may be prepared to accept the defence that you made an honest and reasonable mistake. However, it is not a defence to state that you thought the road or area speed limit was higher than it actually was.

Once this defence is raised, the prosecution will have to prove that the mistake was not honest or reasonable. Whilst there is a grey area surrounding the realistic prospects of success to this defence, this is still a legitimate justification that can be raised in court, although it is best to get advice from a traffic lawyer to see whether you have a case.

Challenge the Alleged Speed

Speed detecting radar and lidar devices do not always provide an accurate reading of speed. As such, this may present a discrepancy in the speed reading, and a mistaken charge against you.

If a radar or lidar device has not been calibrated properly, this may be a factor contributing towards why an inaccurate reading was given. Improper use of the speed measuring instrument by a police officer, or even weather conditions, can provide an inaccurate reading. In these cases, an expert report will have to be provided which highlights these factors, and your traffic lawyer will be able to help you out accordingly.

PENALTIES

As noted above, speeding offences attract demerit points, and different licence types have different limits for demerit points. If enough demerit offences are committed within a 3-year period which cause a driver to exceed the limit for their licence, their licence will be suspended, and Roads and Maritime Services may refuse to renew their licence.

The 3-year period is calculated by looking at the dates on which the offences were committed, and ends on the day that the most recent offence was committed.

ENGAGE US AS YOUR SPEEDING LAWYERS IN SYDNEY

If you are facing speeding charges and need help, give us a call at Sydney Traffic Lawyers. We will connect you with a speeding lawyer in Sydney who can walk you through the basics of your charges and learn more about your case. From there, we will identify and build the best defence possible for your situation. To schedule a consultation today, give us a call on (02) 8059 7121.